Digital Economic
Agreements (DEAs) represent a novel and increasingly influential instrument in
the governance of digital trade. Departing from the broader and more
traditional scope of Preferential Trade Agreements (PTAs), DEAs focus
exclusively on digital trade, establishing dedicated regulatory frameworks for
the data-driven economy. This article offers a detailed analysis of the
architecture, substantive scope and underlying dynamics of DEAs. It maps the
convergences and divergences among existing agreements, with particular
attention paid to provisions on data governance and source code, situating DEAs
within the broader landscape of PTAs’ digital trade rulemaking. We further
contrast the DEA model with the ongoing World Trade Organization (WTO)
negotiations towards an agreement on electronic commerce and examine the legal
compatibility of DEAs with WTO law. We argue that DEAs represent a flexible and
forward-oriented model for digital trade regulation. Nonetheless, their impact
on the ground and whether they reduce or rather exacerbate the existing
regulatory fragmentation in digital trade governance are questions that warrant
further attention.